CITY OF NEWPORT
DECEMBER 11, 2019
(Approved 01/22/2020)
The following items of business, filed with the City Clerk under the Rules of the Council, came before the Council at its regular meeting held on December 11, 2019 at 6:30 p.m.
The CITY CLERK called the roll, and the following members were present:
| JAMIE BOVA | LYNN UNDERWOOD CEGLIE |
| ANGELA MCCALLA | JUSTIN S. MCLAUGHLIN |
| SUSAN TAYLOR | JEANNE-MARIE NAPOLITANO |
ABSENT
KATHRYN E. LEONARD
CITIZENS’ FORUM:
a. Recommendation from the Planning Board
b. Ordinance amending Title 17, entitled, “Zoning” to add new Chapter 17.71 entitled, “Mixed Use Planned District” (First Reading)
MAYOR BOVA moved to continue the hearing to January 22, 2020. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
(THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #31-80 AND #98-40.)
a. Minutes of the meetings held October 23, 2019 and November 13, 2019 (Approve)
b. Special Events:
1) The Museum at Belcourt, Inc., d/b/a Museum Tours with G. Love & Chef Kev D, 657 Bellevue Ave.; December 14, 2019 from 7:00 p.m. to 11:30 p.m.
2) Clean Ocean Access, d/b/a World Ocean’s Day, Easton’s Beach Rotunda; June 4, 2020 from 6:00 p.m. to 9:00 p.m.
3) Clean Ocean Access, d/b/a Paddle for Access (SUP Race), Newport Shipyard/paddle board around Goat Island; August 15, 2020 from 7:00 a.m. to 11:00 a.m.
4) Clean Ocean Access, d/b/a Swim to Skim, Perrotti Park, through Newport Harbor to King Park; August 23, 2020 from 6:00 a.m. to 11:00 a.m.
c. Holiday Selling License, New, Newport Skin Therapy, LLC, d/b/a Newport Skin Therapy, LLC, 54 Broadway
d. Horse & Carriage License, Daily, New Deal Horse & Carriage, December 25, 2019 from 1:00 p.m. to 3:00 p.m. beginning and ending at 8 Oakwood Terrace
e. Private Detective License, Renewal, Kevin P. Sullivan, d/b/a KPS Investigations and Constable Service, LLC, 2 Chastellux Ave.
f. Tattoo License, New, Peter Fortune, d/b/a Fortune Tattoos, LLC, 435 Thames St.
g. Tattoo License, Renewal, David Bennett, d/b/a Sitting Bull Tattoo, LLC, 136A Thames St.
h. Pool Table License Renewals:
1. Atlas Vending, Inc., 1106 North Main St., Providence, RI
2. Finbar Murray, 30 Concord Drive, Middletown, RI
3. Hillside & Cappy, Inc., 8 Memorial Blvd.
i. Mechanical Amusement License, Renewal, Newport Music Company, 849 Union St., Portsmouth, RI (39 machines, 17 locations)
j. Communication from Dennis P. Sullivan, Chairman, Newport St. Patrick’s Day Parade Committee, re: Request to be the sole vendor for the 64th annual St. Patrick’s Day Parade on Saturday, March 14, 2020 (Approve)
REMOVED k. Communication from G. Brian Sullivan, Ph.D., President/CEO, Newportant Foundation, re: Letter to City of Newport requesting endorsement of Newportant Foundation’s Proposal to create “JK Sullivan Square” (Receive)
COUNCILOR TAYLOR moved to receive the communication. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR MCLAUGHLIN moved to receive and refer the communication to the administration for a recommendation. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY.
REMOVED l. Communication from Turner C. Scott, Esq., re: 2020 U.S. Senior Open Championship, proposed amendments to the Zoning Ordinance (Receive and refer to the Planning Board for a recommendation)
COUNCILOR TAYLOR moved to receive the communication. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR NAPOLITANO moved to receive the communication and refer to the Planning Board for a recommendation. Seconded by COUNCILOR MCLAUGHLIN. Discussion occurred among the Council regarding the previous U.S. Open Women’s event 2007 and the sunset clause in the ordinance. The motion was VOTED UNANIMOUSLY.
COUNCILOR TAYLOR moved to approve the Consent Calendar in its entirety with the exception of items k and l. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
3. Pedicab Business License, Renewal, Pirate Pedicab, LLC, d/b/a Pirate Pedicab (6 pedicabs)
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
4. Pedicab Business License, Renewal, Andrew Croan, d/b/a Pedi-Power Pedicabs, 480 Thames St. (6 pedicabs)
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
5. Victualing License, New, Z & S Restaurant, LLC, d/b/a Umi Asian Cuisine, 82 Broadway
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
6. Victualing License, New, Aramark Educational Services, LLC, d/b/a Aramark At Community College of RI, One John H. Chafee Blvd
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
7. 2019-2020 Annual Victualing License Renewals- continued from November 13, 2019:
Liquor establishments
a. L & B Associates, LLC, d/b/a Backyard Patio & Grill, 151 Swinburne Row
COUNCILOR TAYLOR moved to continue the application to January 8, 2020. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
b. 8-10 Broadway Newport, LLC, d/b/a Hope on Broadway, 8-10 Broadway
COUNCILOR TAYLOR moved to continue the application to January 8, 2020. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
c. Rhumbline, LLC, d/b/a Rhumbline Restaurant, 62 Bridge St.
COUNCILOR TAYLOR moved to table the license until after the Board of License Commissioners. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
Appointments:
Energy and Environment Commission – Sean O’Connor (3-year term ending 4/9/22, replaced Kristie Gardiner)
MAYOR BOVA moved to appoint Sean O’Connor to the Energy and Environment Commission. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
Reappointments:
Energy and Environment Commission – Lola Herrera-Ximinez (3-year term ending 4/9/22)
MAYOR BOVA moved to reappoint Lola Herrera-Ximinez to the Energy and Environment Commission. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
Cliff Walk Commission – Donna Lennox (5-year term expiring on 11/1/24)
MAYOR BOVA moved to reappoint Donna Lennox to the Cliff Walk Commission. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
9. 2020 City Council meeting schedule
COUNCILOR TAYLOR moved to adopt the resolution. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR NAPOLTIANO moved to amend the resolution to reschedule the meeting from November 18, 2020 to November 10, 2020. Seconded by MAYOR BOVA and VOTED UNANIMOUSLY.
MAYOR BOVA moved to adopt the resolution as amended. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY.
10. Green and Complete streets ordinance- S. Taylor, J. Bova
COUNCILOR TAYLOR moved to adopt the resolution. Seconded by COUNCILOR NAPOLITANO. COUNCILOR CEGLIE moved to amend the resolution by adding Bike Newport to the first resolve. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY.
COUNCILOR CEGLIE moved to further amend the resolution by including community involvement in the second resolve. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY. Discussion occurred among the Council. COUNCILOR MCLAUGHLIN moved to amend the resolve to remove the Solicitors Office and add the Planning Office in its place. Seconded by COUNCILOR NAPOLITANO. Discussion continued among the Council. COUNCILOR TAYLOR moved to amend the resolution by keeping Solicitor’s Office and adding Planning Office as well. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
MAYOR BOVA moved to adopt the resolution as amended. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
ADD:
11. Requesting the Rhode Island Department of Transportation extend the public comment period on the draft Environmental Assessment Report of the reconstruction of the Pell Bridge Approaches - J. Bova, S. Taylor, A. McCalla
MAYOR BOVA introduced the resolution and moved for its passage. Seconded by COUNCILOR TAYLOR. Discussion occurred among the Council. MAYOR BOVA moved to amend the resolution to extend the comment period by 30 days. Seconded by COUNCILOR MCLAUGHLIN. The motion failed 3-3.
MAYOR BOVA moved to adopt the resolution. Seconded by COUNCILOR MCLAUGHLIN and voted 4-2 with COUNCILOR CEGLIE and COUNCILOR NAPOLITANO opposed.
12. Amending Chapter 5.12.040, entitled, “Number of Licenses permitted”, to decrease the number of Class BL licenses (First Reading)- continued from October 23, 2019
COUNCILOR TAYLOR moved to table the ordinance until after the Board of License Commissioners. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
13. Memo from the City Manager RE: Status Report #4 on Zoning Code Update
COUNCILOR TAYLOR moved to receive the status report. Seconded by COUNCILOR CEGLIE. Patricia Reynolds, Director of Planning addressed the Council regarding the report. The vote on the motion to receive was VOTED UNANIMOUSLY.
14. Action Item #5894/19 – RE: Church Community Housing Corporation – Letter of Agreement for the Management of the City’s Community Development Block Grant Program and Community Development Block Grant-Disaster Recovery Program (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR MCLAUGHLIN. Christian Belden, Church Community Housing, addressed the Council regarding the program. The vote on the motion to approve was VOTED UNANIMOUSLY.
15. Action Item #5895/19 – RE: Award of Contract-Creation of the North End Urban Plan-Consultant Services (w/accompanying resolutions)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR MCLAUGHLIN. Discussion occurred among the Council. Patricia Reynolds, Director of Planning, addressed the Council regarding the project and consultant selected. The vote on the motion to approve was VOTED UNANIMOUSLY.
16. Action Item #5896/19 – RE: Award of Bid # 20-012 300 - HP Variable Frequency Drive Replacement Station #1 (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
17. Action Item #5897/19 – RE: Newport Public Schools Boiler Control Systems: RFP#NPS20-011 (RIMPA #494-CR-45) (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
18. Action Item #5898/19 – RE: Purchase of Sodium Chloride - 2019-20 Winter Season (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
COUNCILOR TAYLOR moved to adjourn as Council and convene as Board of License Commissioners. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
1. Class F Daily Liquor Licenses, Clean Ocean Access:
a. World Oceans Day Fundraiser, Easton’s Beach Rotunda; June 4, 2020 from 6:00 p.m. to 9:00 p.m. Clean Ocean Access
b. Paddle For Access, Race, Newport Shipyard; August 15, 2020 from 7:00 a.m. to 11:00 a.m.
COMMISSIONER TAYLOR moved to approve the Consent Calendar in its entirety. Seconded by COMMISSIONER CEGLIE and VOTED UNANIMOUSLY.
2. Action Item #5855/19 – RE: Show Cause Hearing: Unity 3, LLC, d/b/a Area - Violations of the Conditions of the Class BL Alcoholic Beverage License – Abandonment of License- Continued from October 23, 2019
MAYOR BOVA moved to table the hearing. Seconded by COMMISSIONER MCLAUGHLIN and VOTED UNANIMOUSLY.
3. Liquor License Renewal, 2017/2018/2019 Class BL, Unity 3, LLC, d/b/a Area (Hearing)
MAYOR BOVA opened the public hearing. Rui Reis, applicant, addressed the Board. City Solicitor Behan addressed the Board regarding the license renewals. Discussion occurred among the Board and City Solicitor Behan. COMMISSIONER CEGLIE moved to approve the license renewals with the condition the applicant must have a location to operate or have an application to transfer said license within six months. Seconded by COMMISSIONER MCLAUGHLIN. Discussion continued among the Board and City Solicitor Behan.
Andrew Teitz, Esq., addressed the Board regarding an extension.
MAYOR BOVA moved to approve the applications with the six- month condition to return to the Board to provide an update. Seconded by COMMISSIONER MCLAUGHLIN and VOTED 5-1 with COMMISSIONER TAYLOR opposed.
4. 2019-2020 Liquor License Renewals (Hearing)- continued from November 13, 2019:
a. L & B Associates, LLC, d/b/a Backyard Patio & Grill, 151 Swinburne Row
- Communication from Philip S. Lapatin, re:- retail property known as Brick Market Place II
COMMISSIONER TAYLOR moved to continue the hearing to January 8, 2020. Seconded by COMMISSIONER MCLAUGHLIN and VOTED UNANIMOUSLY.
b. 8-10 Broadway Newport, LLC, d/b/a Hope on Broadway, 8-10 Broadway
COMMISSIONER TAYLOR moved to continue the hearing to January 8, 2020. Seconded by COMMISSIONER MCLAUGHLIN and VOTED UNANIMOUSLY.
c. Rhumbline, LLC, d/b/a Rhumbline Restaurant, 62 Bridge St.
COMMISSIONER TAYLOR moved to approve the license. Seconded by COMMISSIONER CEGLIE. Turner Scott, Esq., addressed the Board on behalf of Rhumbline, LLC and provided a history of the license and details of the plans for moving the license to a new location in the near future. COMMISSIONER MCLAUGHLIN moved to approve subject to the applicant returning in six months to provide an update. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
COMMISSIONER TAYLOR moved to adjourn as Board of License Commissioners and reconvene as Council. Seconded by COMMISSIONER CEGLIE and VOTED UNANIMOUSLY.
7. 2019-2020 Annual Victualing License Renewals- continued from November 13, 2019:
c. Rhumbline, LLC, d/b/a Rhumbline Restaurant, 62 Bridge St.
COUNCILOR TAYLOR moved to approve the license subject to the applicant returning in six months to provide an update. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
12. Amending Chapter 5.12.040, entitled, “Number of Licenses permitted”, to decrease the number of Class BL licenses (First Reading)- continued from October 23, 2019
COUNCILOR TAYLOR moved to withdraw the ordinance. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
Laura C. Swistak
City Clerk
ADJOURN- 7:58 p.m.